We are to be subcontractor to a project located on land owned by the Navy or NASA on which our customer leases. Does that affect pre lien and mechanics lien rights in CA?
1 reply
Aug 17, 2018
Public property is not subject to lien, and that includes land owned by the federal government (including NASA, the Navy, or any other federal entity). When a project is being performed on federal land, a bond claim will likely be the more appropriate remedy, if a bond is present. Unlike a lien claim, though, a federal ("Miller Act") bond claim does not require preliminary notice. Of course, it's still a good idea to send some preliminary (or "pre-lien") notice anyway or to at least send a Project Awareness Letter. That way, there are open communication lines on the project and the entire payment chain is visible. Finally, if you have other questions regarding payment security on a federal project, this article should help: What Lien Rights Do You Have on a Federal Construction Project?